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m <br /> � � N p� � <br /> � mm o �y m <br /> 1 � n�� � Zm N m <br /> o �o� , Z �O � o <br /> w 0�� O O„ � � <br /> w � z n T < „Z o <br /> o G��p O 2W 00 � <br /> �I D GJ <br /> � fmTl c�0 � � r� O C <br /> � ��� � � � <br /> 00 � v� m <br /> o° N � � <br /> W � Z <br /> � O <br /> WHEN RECORDED M6�IL TO: <br /> Equitable Bank <br /> Diers Avenue Branch . <br /> PO Box 760 <br /> Grand Island.NE 68802-0960 POR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> TNIS DEED OF TRUST is dated November 2, 2011, among MICHAEL C HUTCHINSON, whose <br /> address is 213 APRICOT LN, DONIPHAN, NE 68832 and WANDA M HUTCHINSON, whose <br /> address is 213 APRlCOT LN, DONIPHAN, NE 68832; Husband and Wife ("Trustor"); Equitable <br /> Bank, whose address is Diers Avenue Branch, PO Box 760, Grand Island, NE 68802-0760 <br /> (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank <br /> (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE <br /> 68802-0160 (referred to below as "Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Teustee in trust,WITH POWER OP SALE, <br /> for the benefit of Lender as Beneficiary,all of Trustor's right,.title,and interest in and to the following deScribed reaf <br /> property, together with all existing or subsequently erected or affixed huildings, improvements and fixtures; all <br /> easements,rights of way, and appurtenances; all water,water rights and ditch rights Cncluding stock in utilities with <br /> ditch or iYrigation rights); and all other rights, royalties, and profits relating to the real property, induding without <br /> limitation afl minetals,oil,gas,geothermal and similar matters,(th@ °Real PPOper$y") IOCatOd fll H811 CqUllty, <br /> State of Nebraska: <br /> Lot Eighteen (98), Leisure Valley Lake Subdivision, Hall County, Nebraska, according to the <br /> recorded plat thereof <br /> The Real Property or its address is commonly known as 215 Apricot Lane, Doniphan, NE <br /> 68832. The Real Proper#y tax identification number is 400234527. <br /> CROSS-COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations,debtis and liabilities, <br /> plus interest thereon,of Trustor to Lender,or any one or more of them,as well as all claims by Lender against Trustor <br /> or a�y one or more of them,whether now existing or here2fter arising, whether related or unrelated to the purpose of <br /> the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingent, liquidated or unliquidaYed, whether Trustor may be liable individually or jointly with others, � <br /> whether obligated as guarantor,surety,accommodation party or otherwise,and whether recovery upon such amoun*s <br /> may be or hereafter may become barred by any statute of limitations,and whether the obligation to repay such amounts <br /> may be or he�eafter may become otherwise unenforceable. <br /> FUTURE ADVANCES. In addition to the Note,this Deed of Trust secures all future advances made by Lender m Trustor <br /> whether or not the advances are made pursuaot to a commitment. Specifically,witBout limitation,this Deed of Trust <br /> secures, ln addition to the amounts specified in the Note, all future amouMS Lender in its discretion may loan to <br /> Trustor,together with allinterestthereon. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right,title, and <br /> interest in and to all present and future leases of the Property and all Rents from the Property. In addition,Trustor <br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SEWRITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY,IS GIVEN TO SECURE �A1 PAYMENT OF THE IN�EBTEDNESS AND (6) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS-UNDER THE NOTE,THE RELATED DOCUMENTS.AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GNEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all <br /> amounts secured 6y this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br /> Trustor's obligations under the Note,this Deed.of Trust,and the Related Documerts. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor`s possession and use of the <br /> Property shall be governed 6y the following provisions: <br /> � Possession and Use. Until the occurrence of an Event of Default,Trustor may (1) remain in possession and <br /> control of the Property; (2) use,operete or rnanage the PropertyC and (3) collect the Rents from the Property. <br /> _ Duty to Maintain. T�ustor shall rnaintain the Property in tenantable condition and promptly perform all repairs, <br /> replacements,and maintenance necessary to preserve its value. <br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During Yhe period of <br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage;treatment,disposal, <br /> release or threatened release of any Hazardous Substance by any person on, under,about or firorn the Property; <br /> (2) Trustor has no�knowledge of,or reason to believe that there has been,except�as previously disclosed to and <br /> acknowledged by Lender in writing, �a) any breach or violation of any Environmental Laws, (b) any use, <br /> generation, manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance <br /> on, under, about or from the Property by any prior ocvners or occupants of the Property, or (c) any actual or <br /> threatened litigation or daims of any kind by any person relating to such matters; and 13) Exce�pt as previously <br />